SB486_EN

Senate Bill No. 486–Committee on Natural Resources

CHAPTER..........

AN ACT relating to animals; increasing the number of persons on the State Board of Agriculture; abolishing the State Board of Sheep Commissioners; transferring the powers and duties of the State Board of Sheep Commissioners to the State Board of Agriculture and the State Quarantine Officer; establishing a minimum for the special tax on sheep; revising provisions governing the payment of administrative expenses incurred by the State Board of Agriculture; authorizing a fee for brand inspections; providing for the gathering and disposition of feral livestock; abolishing the Nevada Beef Council; repealing the tax to promote beef; making various changes relating to quarantines of livestock and other animals; providing in certain circumstances for the recovery of the full appraised value of diseased animals which are destroyed; providing penalties; and providing other matters properly relating thereto.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 561.045 is hereby amended to read as follows:

561.045 There is hereby created in the Department a State

Board of Agriculture composed of [10] 11 members appointed by

the Governor.

Sec. 2. NRS 561.055 is hereby amended to read as follows:

561.055 1. Three members of the Board must be actively

engaged in range or semirange cattle production, one in [dairying,]

dairy production, one in range or semirange sheep production,

one in general farming, one in general agriculture, one in growing

crops which are planted in rows spaced to permit mechanical

cultivation, one in the control of pests, one in the petroleum

industry and one in raising nursery stock.

2. Not more than two members may be residents of the same

county, and the range or semirange cattle production members must

be residents of different counties.

Sec. 3. NRS 561.218 is hereby amended to read as follows:

561.218 1. The Director shall appoint a person to manage the

activities of the Department relating to natural resources, land use

planning and the management and control of wild horses [and

estrays.] , estrays and feral livestock. The person must be

appointed on the basis of merit and is in the unclassified service of

the State. The Director may remove the person from office with the

approval of the Board.

2. The person appointed shall:

(a) Establish and carry out a policy for the management and

control of estrays and the preservation and allocation of natural

resources necessary to advance and protect the livestock and

agricultural industries in this state.

(b) Develop cooperative agreements and working relationships

with federal and state agencies and local governments for land use

planning and the preservation and allocation of natural resources

necessary to advance and protect the livestock and agricultural

industries in this state.

agencies to develop procedures and policies for the management

and control of wild horses.

(d) Monitor gatherings of estrays and feral livestock conducted

pursuant to the provisions of NRS 569.040 to 569.130, inclusive,

and section 30 of this act, and assist district brand inspectors in

identifying estrays before they are sold or given a placement or

other disposition through a cooperative agreement established

pursuant to NRS 569.031.

(e) Provide the members of the general public with information

relating to the activities of the Department and solicit

recommendations from the members of the general public and

advisory groups concerning those activities.

(f) Make assessments of the level of competition between

livestock and wildlife for food and water, collect data concerning

the movement of livestock and perform activities necessary to

control noxious weeds.

(g) Participate in land use planning relating to the competition

for food and water between livestock and wildlife to ensure the

maintenance of the habitat of both livestock and wildlife.

(h) Present testimony, conduct research and prepare reports for

the Governor, the Legislature, the Director and any other person or

governmental entity as directed by the Director.

(i) Develop and carry out a program to educate the members of

the general public concerning the programs administered by the

Department, including programs for the management and control of

estrays[.] and feral livestock.

(j) Make proposals to the Director for the amendment of the

regulations adopted by the Board pursuant to NRS 561.105.

(k) Perform such other duties as directed by the Director.

3. As used in this section:

(a) “Estray” has the meaning ascribed to it in [NRS 569.005.]

section 27 of this act.

(b) “Feral livestock” has the meaning ascribed to it in section

28 of this act.

Sec. 4. NRS 561.305 is hereby amended to read as follows:

561.305 The Department shall establish and maintain a

laboratory for the following purposes:

1. The diagnosis of infectious, contagious and parasitic

diseases of [livestock,] animals, as may be necessary under the

provisions of chapter 571 of NRS.

2. The diagnosis of infectious, contagious and parasitic

diseases of bees, as may be necessary under the provisions of NRS

552.085 to 552.310, inclusive.

3. The diagnosis of infectious, contagious and destructive

diseases of agricultural commodities, and infestations thereof by

pests, as may be necessary under the provisions of NRS 554.010 to

554.240, inclusive.

4. The survey and identification of insect pests, plant diseases

and noxious weeds, and the maintenance of a herbarium, as may be

necessary under the provisions of NRS 555.010 to 555.249,

inclusive.

5. The testing of pesticides, as may be necessary under the

provisions of NRS 555.2605 to 555.460, inclusive, and 586.010 to

586.450, inclusive.

6. The safekeeping and maintenance of official standards of

weights and measures, as may be necessary under the provisions of

chapter 581 of NRS.

7. The testing and grading of agricultural products and the

testing of the purity and germinating power of agricultural seeds

and the testing of the spray residue contained in produce, as may be

necessary under the provisions of chapter 587 of NRS.

8. The analysis and testing of commercial fertilizers and

agricultural minerals, as may be necessary under the provisions of

NRS 588.010 to 588.350, inclusive.

9. The analysis and testing of petroleum products, as may be

necessary under the provisions of NRS 590.010 to 590.150,

inclusive.

10. The analysis and testing of antifreeze, as may be necessary

under the provisions of NRS 590.340 to 590.450, inclusive.

11. Any laboratory examinations, diagnoses, analyses or

testing as may be deemed necessary by the Director and which can

be made with equipment available in any such laboratory. Any

resident of this state may submit samples to the Department for

examination, diagnosis, analysis or testing, subject to such rules

and regulations as may be adopted by the Director.

Sec. 5. NRS 561.335 is hereby amended to read as follows:

561.335 1. The Revolving Account for Agriculture Working

Capital in the amount of $10,000 is hereby created for the use of the

Department.

2. The Account must be used specifically for carrying out the

provisions of NRS 569.005 to 569.080, inclusive, and sections 24 to

30, inclusive, of this act, and 569.100 to 569.130, inclusive.

3. The Account may be used for:

(a) Paying the expenses of all programs and laws administered

by the Department, except expenses related to estrays and feral

livestock which are required to be paid pursuant to NRS 569.090.

The Account must be reimbursed promptly from the proper funds in

the State Treasury by claims paid as other claims against the State

are paid for any expenses paid pursuant to this paragraph.

(b) Providing advance money to officers and employees of the

Department for travel expenses and subsistence allowances arising

out of their official duties or employment. Such an advance

constitutes a lien in favor of the Department upon the accrued

wages of the requesting officer or employee in an amount equal to

the sum advanced, but the Director may advance more than the

amount of the accrued wages of the officer or employee. Upon the

return of the officer or employee, he is entitled to receive any

authorized expenses and subsistence in excess of the amount

advanced, and a sum equal to the advance must be paid into the

Revolving Account for Agriculture Working Capital.

subsection 2 of NRS 561.445. Any loan or grant made pursuant to

this paragraph must be reimbursed promptly, as other claims

against the State are paid, from the money deposited in the State

Treasury pursuant to subsection 1 of NRS 561.445.

4. The Revolving Account for Agriculture Working Capital

must be deposited in a bank or credit union qualified to receive

deposits of public money and the deposit must be secured by a

depository bond satisfactory to the State Board of Examiners.

Sec. 6. NRS 561.344 is hereby amended to read as follows:

561.344 1. The Livestock Inspection Account is hereby

created in the State General Fund for the use of the Department.

2. The following special taxes, fees and other money must be

deposited in the Livestock Inspection Account:

(a) All special taxes on livestock as provided by law . [, except

the assessment collected pursuant to NRS 565.075 and any tax

levied pursuant to NRS 575.070.]

(b) Fees and other money collected pursuant to the provisions of

chapter 564 of NRS.

NRS.

(d) Unclaimed proceeds from the sale of estrays and feral

livestock by the Department pursuant to NRS 569.005 to 569.130,

inclusive, and sections 24 to 30, inclusive, of this act, or proceeds

required to be deposited in the Livestock Inspection Account

pursuant to a cooperative agreement established pursuant to

NRS 569.031.

(e) Fees collected pursuant to the provisions of chapter 573 of

NRS.

(f) Fees collected pursuant to the provisions of chapter 576 of

NRS.

(g) Laboratory fees collected for the diagnosis of infectious,

contagious and parasitic diseases of [livestock,] animals, as

authorized by NRS 561.305, and as are necessary pursuant to the

provisions of chapter 571 of NRS.

3. Expenditures from the Livestock Inspection Account must

be made only for carrying out the provisions of this chapter and

chapters 564, 569, 571, 573 and 576 of NRS.

4. The interest and income earned on the money in the

Livestock Inspection Account, after deducting any applicable

charges, must be credited to the Account.

Sec. 7. NRS 562.010 is hereby amended to read as follows:

562.010 As used in this chapter, “Board” means the State

Board of [Sheep Commissioners.] Agriculture.

Sec. 8. NRS 562.130 is hereby amended to read as follows:

562.130 The Board may:

1. Employ a secretary and such inspectors and other employees

as it may find necessary to carry out the provisions of this chapter.

2. Prescribe the duties and fix the compensation and travel and

subsistence expenses of its employees and volunteers.

3. Require such bonds from its inspectors as it determines

necessary.

4. Request the Director of the State Department of Agriculture

to designate, pursuant to NRS 561.225, one or more employees of

the Department to issue sheep permits . [and act as sheep inspectors

if the Board and its inspectors are unable to do so.]

Sec. 9. NRS 562.150 is hereby amended to read as follows:

562.150 The Board shall render a written report of its activities

[in writing] relating to the implementation of this chapter to the

Governor on or before October 31, [1968,] 2003, and each 2 years

thereafter.

Sec. 10. NRS 562.170 is hereby amended to read as follows:

562.170 1. [The] Except as otherwise provided in this

section, the rate of tax fixed by the Board, as provided for in NRS

562.160, must not exceed the equivalent of 18 cents per head on all

sheep. The minimum tax that must be paid annually by an owner

of sheep is $5.

2. The tax paid by an owner of sheep must be deposited in the

state or county treasury in which the State Sheep Inspection

Account is located for credit to that Account. The money in the

State Sheep Inspection Account must be made available and

disbursed by the proper state or county officials upon request of the

Board for the purposes provided for in this chapter.

Sec. 11. NRS 562.220 is hereby amended to read as follows:

562.220 1. The salaries, compensation and expenses

provided for in this chapter must be paid out of the State Sheep

Inspection Account.

2. Necessary administrative expenses incurred by the Board

in carrying out the provisions of this chapter may be paid from

the State Sheep Inspection Account, except that such

administrative expenses must not exceed 5 percent of the annual

collected tax receipts.

Sec. 12. NRS 562.250 is hereby amended to read as follows:

562.250 [The Board shall have]

1. Except as otherwise provided in subsection 2, the Board

has exclusive control of all matters pertaining to the sheep industry.

2. The State Quarantine Officer has exclusive authority over

matters concerning diseases of sheep and may adopt such

regulations as are necessary to carry out his duties pursuant to

this subsection.

Sec. 13. NRS 562.270 is hereby amended to read as follows:

562.270 The Board [shall have the power to] may make and

enforce[:

1. Rules and regulations for governing itself.

2. Rules] rules and regulations deemed necessary by it for the

enforcement of the provisions of this chapter.

Sec. 14. (Deleted by amendment.)

Sec. 15. NRS 562.460 is hereby amended to read as follows:

562.460 1. Each inspector shall:

(a) [Inspect all the sheep within the district assigned to him

when so ordered by the Board.

(b) Make and issue a certificate or bill of health for all sheep

whose owners have complied with the law and the orders, rules and

regulations made and adopted by the Board.

2. Each certificate or bill of health shall describe the sheep with

the marks and brands thereon, which certificate or bill of health

shall entitle the owner or agent in charge to pass with such sheep

from one district to another in the State.

3. The inspector shall immediately file with the Board a

duplicate of all certificates issued by him.] At the request of the

owner of sheep, perform a brand inspection of the sheep for

brands or marks; and

(b) Upon the completion of such an inspection, issue a brand

inspection clearance certificate in accordance with NRS 565.120.

2. The State Department of Agriculture may levy and collect

a reasonable fee for brand inspections as authorized under the

provisions of this chapter. Any fee so levied must be collected in

the manner prescribed by the Director of the Department and

deposited into the Livestock Inspection Account.

Sec. 16. NRS 567.030 is hereby amended to read as follows:

567.030 The Committee consists of five members. [One

member] Two members must be designated [from among its

members] by the State Board of Agriculture[.] from among its

members, one of which must be the appointee for range or

semirange sheep production. One member must be designated

[from among its members] by the Board of Wildlife Commissioners

[. One member must be designated] from among its members . [by

the State Board of Sheep Commissioners.] One member must be

designated [from among its members] by the State Board of Health

[.] from among its members. One member must be designated

[from among its members] by the Nevada Farm Bureau[.] from

among its members.

Sec. 17. NRS 567.040 is hereby amended to read as follows:

567.040 1. Upon and following its organization the

Committee shall select its own Chairman.

2. The Secretary of the State Board of [Sheep Commissioners]

Agriculture shall serve as Secretary of the Committee.

Sec. 18. NRS 567.060 is hereby amended to read as follows:

567.060 1. The office of the Committee must be located in

the office of the State Board of [Sheep Commissioners.]

Agriculture.

2. Such miscellaneous administrative expenses as are necessary

for the conduct of the Committee’s affairs, aside from travel and

subsistence expenses of the members and the Secretary, such as

stationery and postage, must be paid from and are a proper charge

against the State Sheep Inspection Account of the State Board of

[Sheep Commissioners.] Agriculture.

Sec. 19. NRS 567.100 is hereby amended to read as follows:

567.100 As used in NRS 567.100 to 567.170, inclusive:

1. “Board” means the State Board of [Sheep Commissioners.]

Agriculture.

2. “Committee” means the Committee to Control Predatory

Animals of the State Board of [Sheep Commissioners.]

Agriculture.

Sec. 20. NRS 567.110 is hereby amended to read as follows:

567.110 1. Upon receipt of the reports from the committee

for assessing livestock pursuant to NRS 575.180, the [State Board

of Sheep Commissioners,] Board, acting as the Committee to

Control Predatory Animals, may levy an annual special tax of not to

exceed the equivalent of 20 cents per head on all sheep and goats.

2. The special tax is designated as the tax for control of

predatory animals.

3. Notice of the tax must be sent by the Board to the county

assessor or treasurer of each county that is administering the special

taxes on livestock, and to the State Department of Agriculture on or

before the first Monday in May of each year.

Sec. 21. NRS 567.110 is hereby amended to read as follows:

567.110 1. Upon receipt of the reports from the State

Department of Agriculture pursuant to NRS 575.180, the [State

Board of Sheep Commissioners,] Board, acting as the Committee

to Control Predatory Animals, may levy an annual special tax of not

to exceed the equivalent of 20 cents per head on all sheep and

goats.

2. The special tax is designated as the tax for control of

predatory animals.

3. Notice of the tax must be sent by the Board to the State

Department of Agriculture on or before the first Monday in May of

each year.

Sec. 22. NRS 567.170 is hereby amended to read as follows:

567.170 [Administrative expenses necessary on the part of]

Necessary administrative expenses incurred by the Board in

carrying out the provisions of NRS 567.100 to 567.170, inclusive,

are a proper charge against and payable from the State Sheep

Inspection Account[.] , except that such administrative expenses

must not exceed 5 percent of the annual collected tax receipts.

Sec. 23. Chapter 569 of NRS is hereby amended by adding

thereto the provisions set forth as sections 24 to 30, inclusive, of

this act.

Sec. 24. “Alternative livestock” has the meaning ascribed to

it in NRS 501.003.

Sec. 25. “Department” means the State Department of

Agriculture.

Sec. 26. “Director” means the Director of the Department.

Sec. 27. “Estray” means any domesticated livestock or

progeny of domesticated livestock showing signs of domestication,

running at large upon public or private lands in the State of

Nevada, whose owner is unknown in the section where the animal

is found.

Sec. 28. “Feral livestock” means any formerly domesticated

livestock or progeny of domesticated livestock which have become

wild and are running at large upon public or private lands in the

State of Nevada, and which have no physical signs of

domestication. The term does not include horses or burros that

are subject to the jurisdiction of the Federal Government

pursuant to the Wild Free-Roaming Horses and Burros Act, 16

U.S.C. §§ 1331 to 1340, inclusive, and any regulations adopted

pursuant thereto, or any other federal statute or regulation.

Sec. 29. “Livestock” means:

1. All cattle or animals of the bovine species;

2. All horses, mules, burros and asses or animals of the

equine species;

3. All swine or animals of the porcine species;

4. All goats or animals of the caprine species;

5. All sheep or animals of the ovine species;

6. All poultry or domesticated fowl or birds; and

7. All alternative livestock.

Sec. 30. 1. The Department may sell all feral livestock

which it has gathered if the Department determines that the sale

of the feral livestock is necessary to facilitate the placement or

other disposition of the feral livestock.

2. Except as otherwise provided in subsection 3, before the

Department may sell feral livestock, the Department must publish

notice of the sale of the feral livestock in a newspaper published

at the county seat of the county in which the gathering of the feral

livestock occurred. If there is no newspaper published at the

county seat of the county, the notice must be published in the

newspaper published at the nearest point to that county seat. A

notice of a sale published pursuant to this section need not

include full descriptions of the feral livestock, but may include

such information and details as the Department determines

necessary.

3. The Department may sell injured, sick or otherwise

debilitated feral livestock if, as determined by the Department, the

sale of the feral livestock is necessary to facilitate the placement

or other disposition of the feral livestock. If feral livestock is sold

pursuant to this subsection, the Department shall give a brand

inspection clearance certificate to the purchaser.

Sec. 31. NRS 569.005 is hereby amended to read as follows:

569.005 As used in NRS 569.005 to 569.130, inclusive, and

sections 24 to 30, inclusive, of this act, unless the context

otherwise requires[:

1. “Department” means the State Department of Agriculture.

2. “Director” means the Director of the Department.

3. “Estray” means any livestock running at large upon public

or private lands in the State of Nevada, whose owner is unknown in

the section where the animal is found.

4. “Livestock” means:

(a) All cattle or animals of the bovine species;

(b) All horses, mules, burros and asses or animals of the equine

species;

(d) All goats or animals of the caprine species;

(e) All sheep or animals of the ovine species; and

(f) All poultry or domesticated fowl or birds.] , the words and

terms defined in sections 24 to 29, inclusive, of this act have the

meanings ascribed to them in those sections.

Sec. 32. NRS 569.010 is hereby amended to read as follows:

569.010 1. Except as otherwise provided by law, all estrays

and feral livestock within this state shall be deemed for the purpose

of this section to be the property of the Department.

2. The Department has all rights accruing pursuant to the laws

of this state to owners of those animals, and may:

(a) Dispose of estrays and feral livestock by sale through an

agent appointed by the Department; or

(b) Provide for the control, placement or disposition of estrays

and feral livestock through cooperative agreements pursuant to

NRS 569.031.

3. Except as otherwise provided by law, all money collected

for the sale or for the injury or killing of any such animals must be

held for 1 year, subject to the claim of any person who can establish

legal title to any animal concerned. All money remaining unclaimed

must be deposited in the Livestock Inspection Account after 1 year.

The Department may disallow all claims if it deems the claims

illegal or not showing satisfactory evidence of title.

4. The Department or any political subdivision of this state is

not liable for any trespass or other damage caused by any of those

estrays[.] or feral livestock.

Sec. 33. NRS 569.020 is hereby amended to read as follows:

569.020 1. Any county, city, town, township or other peace

officer or poundmaster who impounds under the provisions of any

state law or county or municipal ordinance any livestock shall,

immediately after impounding the livestock, send a written notice

to the Department.

2. The notice must contain a full description, including all

brands and marks, sex, age, weight, color and kind , of each animal

so impounded.

3. [If] For the sale of livestock if the owner of the livestock is

not known, and [in case of] for the sale of the impounded livestock

as prescribed by law, all notices posted or advertisements published

by any officer or other person having charge of the sale must

include, unless the livestock is feral livestock, a complete

description of each animal to be sold, including all brands and

marks, sex, age, weight, color and kind.

Sec. 34. NRS 569.031 is hereby amended to read as follows:

569.031 The Department may enter into a cooperative

agreement for the control, placement or disposition of the livestock

with another agency of this state or with a county, city, town,

township, peace officer, poundmaster or nonprofit organization. If

an agreement is entered into, it must provide for:

1. The responsibility for the payment of the expenses incurred

in taking up, holding, advertising and making the disposition of the

estray[,] or feral livestock, and any damages for trespass allowed

pursuant to NRS 569.440;

2. The disposition of any money received from the sale of the

livestock;

3. The protection of the rights of a lawful owner of an estray or

feral livestock pursuant to NRS 569.040 to 569.130, inclusive[;] ,

and section 30 of this act; and

4. The designation of the specific geographic area of this state

to which the cooperative agreement applies.

The Department shall annually review the actions of the cooperating

person or entity for compliance with the agreement. The

Department may cancel the agreement upon a finding of

noncompliant actions.

Sec. 35. NRS 569.040 is hereby amended to read as follows:

569.040 1. Except as otherwise provided in subsection 2,

NRS 569.040 to 569.130, inclusive, and section 30 of this act, or

pursuant to a cooperative agreement established pursuant to NRS

569.031, it is unlawful for any person or his employees or agents,

other than an authorized agent of the Department, to:

(a) Take up any estray or feral livestock and retain possession of

it; or

(b) Feed any estray[.] or feral livestock.

2. For a first violation of paragraph (b) of subsection 1, a

person [may] must not be cited or charged criminally but must be

informed that it is unlawful to feed an estray[.] or feral livestock.

Sec. 36. NRS 569.045 is hereby amended to read as follows:

569.045 1. Before any person gathers any [estray horses, he

shall] estrays or feral livestock, he must cause notice of the

gathering to be published in a newspaper of general circulation

within the county in which the gathering is to take place.

2. The notice must:

(a) Be published at least once a week for the 4 weeks preceding

the gathering;

(b) Clearly identify the area in which the gathering is to take

place and the date and time of the gathering;

description of the species of feral livestock to be gathered;

(d) Indicate a location where owners or possible owners of the

[estray horses] estrays or feral livestock may go to claim an estray

[horse] or feral livestock that was gathered; and

[(d)] (e) List the name and telephone number of a person who

may be contacted if an owner or possible owner is interested in

viewing the [estray horses] estrays or feral livestock gathered.

Sec. 37. NRS 569.070 is hereby amended to read as follows:

569.070 1. Except as otherwise provided in subsection 4, if

the owner or probable owner of an estray cannot with reasonable

diligence be determined by the Department or its authorized agent,

the Department shall advertise the estray or cause it to be advertised.

2. A notice of the estray, with a full description, giving brands,

marks and colors thereon, must be published in a newspaper

published at the county seat of the county in which the estray was

taken up. If there is no newspaper published at the county seat of

the county, the notice must be published in the newspaper

published at the nearest point to that county.

3. Expenses incurred in carrying out the provisions of

subsections 1 and 2 must be deducted from the proceeds of the sale

of the estray advertised.

4. [Except as otherwise provided in NRS 562.420, the] The

Department may sell an injured, sick or otherwise debilitated estray

if, as determined by the Department, the sale of the estray is

necessary to facilitate the placement or other disposition of the

estray. If an estray is sold pursuant to this subsection, the

Department shall give a brand inspection clearance certificate to

the purchaser.

Sec. 38. NRS 569.080 is hereby amended to read as follows:

569.080 1. If an estray is not claimed within 5 working days

after the last publication of the advertisement required by NRS

569.070, it must be:

(a) Sold by the Department; or

(b) Held by the Department until the estray is given a placement

or other disposition through a cooperative agreement established

pursuant to NRS 569.031.

2. If feral livestock is not claimed by the date of sale

published pursuant to section 30 of this act, the feral livestock

must be sold by the Department pursuant to section 30 of this act

or placed pursuant to NRS 569.031.

3. If the Department sells the estray[,] or feral livestock, the

Department shall give a brand inspection clearance certificate to the

purchaser.

[3. Estray horses]

4. Estrays and feral livestock must be marked , [or] branded or

identified with an individual animal identification before sale or

placement.

Sec. 39. NRS 569.090 is hereby amended to read as follows:

569.090 1. Except as otherwise provided pursuant to a

cooperative agreement established pursuant to NRS 569.031, the

Department shall:

(a) Pay the reasonable expenses incurred in taking up, holding,

advertising and selling the estray[,] or feral livestock, and any

damages for trespass allowed pursuant to NRS 569.440, from the

proceeds of the sale of the estray or feral livestock and shall place

the balance in an interest-bearing checking account in a bank or

credit union qualified to receive deposits of public money. The

proceeds from the sale and any interest on those proceeds, which are

not claimed pursuant to subsection 2 within 1 year after the sale,

must be deposited in the State Treasury for credit to the Livestock

Inspection Account.

(b) Make a complete record of the transaction, including [the]

any marks and brands and other means of identification of the

estray, and shall keep the record available for inspection by

members of the general public.

2. If the lawful owner of the estray or feral livestock is found

within 1 year after its sale and proves ownership to the satisfaction

of the Department, the net amount received from the sale must be

paid to the owner.

3. If any claim pending 1 year after the date of sale is denied,

the proceeds and any interest thereon must be deposited in the

Livestock Inspection Account.

Sec. 40. NRS 569.100 is hereby amended to read as follows:

569.100 1. A person who takes up an estray or feral livestock

as provided for in NRS 569.040 to 569.130, inclusive, and section

30 of this act is entitled to hold the estray or feral livestock

lawfully until relieved of custody by the Department.

2. A person shall not use or cause to be used, for profit or

otherwise, any estray or feral livestock in his keeping under the

provisions of NRS 569.040 to 569.130, inclusive[.] , and section

30 of this act. A violation of this subsection shall be deemed grand

larceny or petit larceny, as set forth in NRS 205.2175 to 205.2707,

inclusive, and the person shall be punished as provided in those

sections.

3. Any person taking, leading or driving an estray or feral

livestock away from the possession of the lawful holder, as

specified in NRS 569.040 to 569.130, inclusive, and section 30 of

this act, except as otherwise provided in this section, is subject to

all the penalties under the law, whether or not he is the claimant of

the estrayor [not.] feral livestock.

Sec. 41. NRS 569.110 is hereby amended to read as follows:

569.110 If any [such estray or estrays,] estray or feral

livestock, after having been taken up by a person in accordance

with the provisions of NRS 569.040 to 569.130, inclusive,[escape

or are] and section 30 of this act, escapes or is removed from the

custody of the [taker-up] person before being disposed of under the

provisions of NRS 569.040 to 569.130, inclusive, [then such taker

-up shall have] and section 30 of this act, the person has the legal

right to recover the [same] estray or feral livestock wherever found

[, to be held by such taker-up] and to hold it until it is disposed of

as provided [for] in NRS 569.040 to 569.130, inclusive[.] , and

section 30 of this act.

Sec. 42. NRS 569.120 is hereby amended to read as follows:

569.120 Estrays and feral livestock may be taken up by

authorized agents of the Department. The disposal of the estrays

and feral livestock must be conducted in the manner set forth in the

provisions of NRS 569.040 to 569.130, inclusive[.] , and section

30 of this act.

Sec. 43. NRS 569.130 is hereby amended to read as follows:

569.130 Any person, including, without limitation, any firm,

company, association or corporation , who takes up or retains in his

[or its] possession any estray or feral livestock not his [or its]

property, without the owner’s consent, or except in accordance with

the provisions of NRS 569.040 to 569.130, inclusive, [shall be] and

section 30 of this act, is guilty of a misdemeanor.

Sec. 44. Chapter 571 of NRS is hereby amended by adding

thereto the provisions set forth as sections 45 to 51, inclusive, of

this act.

Sec. 45. “Alternative livestock” has the meaning ascribed to

it in NRS 501.003.

Sec. 46. “Animal” means any living creature other than a

member of the human race.

Sec. 47. “Department” means the State Department of

Agriculture.

Sec. 48. “Director” means the Director of the Department.

Sec. 49. “Importation” means the transportation or

movement of animals by any railroad, express company, truckline

or other carrier, or by any persons, by vehicle or otherwise, into

this state.

Sec. 50. “Livestock” means:

1. All cattle or animals of the bovine species.

2. All horses, mules, burros and asses or animals of the

equine species.

3. All swine or animals of the porcine species.

4. All goats or animals of the caprine species.

5. All sheep or animals of the ovine species.

6. All poultry or domesticated fowl or birds.

7. All dogs, cats or other animals domesticated or under the

restraint or control of man.

8. All alternative livestock.

Sec. 51. “State Quarantine Officer” means the Director.

Sec. 52. NRS 571.015 is hereby amended to read as follows:

571.015 As used in this chapter, unless the context otherwise

requires [otherwise:

1. “Department” means the State Department of Agriculture.

2. “Director” means the Director of the Department.

3. “Importation” means the transportation or movement of

livestock by any railroad, express company, truckline or other

carrier, or by any persons, by vehicle or otherwise, into this state.

4. “Livestock” means:

(a) All cattle or animals of the bovine species.

(b) All horses, mules, burros and asses or animals of the equine

species.

(d) All goats or animals of the caprine species.

(e) All poultry or domesticated fowl or birds.

(f) All dogs, cats or other animals domesticated or under the

restraint or control of man.

(g) Alternative livestock as defined in NRS 501.003.

5. “State Quarantine Officer” means the Director.] , the words

and terms defined in sections 45 to 51, inclusive, of this act, have

the meanings ascribed to them in those sections.

Sec. 53. NRS 571.025 is hereby amended to read as follows:

571.025 1. For the purposes of this chapter, infestation with

internal or external parasites, or exposure to such possible

infestation, shall be deemed equivalent to infection with or

exposure to infection with an infectious, contagious or parasitic

disease.

2. The provisions of this chapter applicable to [livestock]

animals infected with or exposed to infection with any infectious,

contagious or parasitic disease, or to any premises, grounds, cars,

vehicles or other carriers infected or contaminated with any

infectious, contagious or parasitic disease, also apply to any

[livestock,] animals, premises, grounds, cars, vehicles, or other

carriers infested with or exposed to infestation or contamination

with any internal or external parasites.

Sec. 54. NRS 571.045 is hereby amended to read as follows:

571.045 1. The State Quarantine Officer may proclaim and

enforce quarantine against any state, territory or district, or any

portion of any state, territory or district, with respect to the

importation into or transportation through the State of Nevada of

[livestock] animals which may be infected with, or which may

have been exposed to infection with, any infectious, contagious or

parasitic disease.

2. No quarantine [shall] may be issued under the provisions of

NRS 571.045 to 571.110, inclusive, which will conflict with the

provisions of the Constitution of the United States or any act of the

Congress of the United States.

3. [The quarantine shall remain] A quarantine remains

effective until vacated by order of the State Quarantine Officer.

Sec. 55. NRS 571.050 is hereby amended to read as follows:

571.050 1. Any quarantine issued under the provisions of

NRS 571.045 to 571.110, inclusive, may:

(a) Consist of a complete embargo against the importation into

or transportation through the State of any [livestock] animals so

quarantined against; or

(b) Provide for the importation into or transportation through the

State of any such [livestock] animals under such rules and

regulations as may be set forth and prescribed in the quarantine at

the time the same is issued.

2. Any quarantine issued under the provisions of NRS 571.045

to 571.110, inclusive, [shall remain] remains in force and effect

until removed or modified by the State Quarantine Officer, but:

(a) The State Quarantine Officer may amend from time to time

any quarantine so issued; and

(b) Any such amendments [shall] must be general in their

application and [shall] must not apply to any individual shipment or

importation.

Sec. 56. NRS 571.060 is hereby amended to read as follows:

571.060 If a quarantine is declared as provided in NRS

571.045 to 571.110, inclusive, against the importation into or

transportation through this state of any [livestock] animals from

any other state, territory or district or any portion or portions

thereof, a certified copy of [such quarantine shall] the quarantine

must be personally delivered by the State Quarantine Officer or his

representative or mailed by certified or registered mail to each of

the following:

1. The Governor or the proper quarantine official of such state,

territory or district.

2. The United States quarantine official having jurisdiction

over the same character of quarantine.

3. The state agent or other qualified official of any interstate

railroad, express company or other common carrier doing business

within this state.

Sec. 57. NRS 571.080 is hereby amended to read as follows:

571.080 1. Any [livestock] animals imported into or being

transported through this state in violation of any quarantine issued

under the provisions of NRS 571.045 to 571.110, inclusive, [shall]

must be seized immediately by the State Quarantine Officer or his

authorized representative and treated in a manner approved by the

State Quarantine Officer, or destroyed, or sent out of the State

within 48 hours, at the expense of the owner thereof.

2. When the movement of any [livestock] animals seized by

the State Quarantine Officer, as provided in subsection 1, to some

point without the State would further endanger any industry of this

state, the [livestock] animals so seized by the State Quarantine

Officer [shall] must be destroyed at the expense of the owner.

Sec. 58. NRS 571.090 is hereby amended to read as follows:

571.090 It is unlawful for any railroad, express company or

other common carrier, or any persons, to import into or transport

through the State of Nevada any [livestock] animals in violation of

the provisions of NRS 571.045 to 571.110, inclusive, or to make

delivery of any such [livestock] animals to any persons within the

limits of this state.

Sec. 59. NRS 571.100 is hereby amended to read as follows:

571.100 In any criminal proceeding arising under the

provisions of NRS 571.045 to 571.110, inclusive, proof that any

[livestock,] animal, prohibited by proclamation of quarantine from

importation into or transportation through this state, was imported

into or transported through this state in violation of [such] the

quarantine shall be deemed proof within the meaning of NRS

571.045 to 571.110, inclusive, that the [same] animal was diseased,

exposed to disease or infected, or exposed to infection.

Sec. 60. NRS 571.120 is hereby amended to read as follows:

571.120 1. The Department shall do all things necessary for

the control and eradication of infectious, contagious or parasitic

diseases of [livestock.] animals.

2. The Director shall cooperate with the Administrator of the

Division of Wildlife of the State Department of Conservation and

Natural Resources in a program to prevent the spread of

communicable diseases in [livestock and wildlife] animals in this

state.

[3. As used in this section, “wildlife” has the meaning ascribed

to it in NRS 501.097.]

Sec. 61. NRS 571.130 is hereby amended to read as follows:

571.130 The State Quarantine Officer may adopt rules and

regulations of the Secretary of Agriculture of the United States

relating to the control and suppression of disease in [livestock,]

animals, and may cooperate with the Secretary of Agriculture and

his officers in the enforcement of such rules and regulations.

Sec. 62. NRS 571.140 is hereby amended to read as follows:

571.140 The State Quarantine Officer, or his representatives or

his agents, may inspect, test, treat, quarantine and condemn

[livestock] animals affected with any infectious, contagious or

parasitic disease, and any such person may enter upon any ground

or premises of this state to enforce the inspection, testing,

treatment, quarantine and condemnation laws and all the rules,

regulations and orders of the Department.

Sec. 63. NRS 571.150 is hereby amended to read as follows:

571.150 The State Quarantine Officer may inspect, test or

quarantine any [livestock] animal in the State infected with,

suspected of being or which have been exposed to an infectious,

contagious or parasitic disease, and compel testing or treatment at

such times and as often as he deems necessary to insure the

suppression of disease.

Sec. 64. NRS 571.160 is hereby amended to read as follows:

571.160 If any [livestock] animal becomes infected with any

infectious, contagious or parasitic disease as defined by rules and

regulations adopted by the State Quarantine Officer, the owner or

agent in charge[, an] of the infected animal, or any inspector of

the Department or any practicing veterinarian who has knowledge

of the infected animal, shall immediately notify the State

Quarantine Officer. A notification of disease received pursuant to

this section must be kept confidential unless:

1. The reported disease is specifically regulated pursuant to

NRS 571.130 for mandatory control and eradication to protect the

public health, other [livestock] animals or wildlife; or

2. The State Quarantine Officer determines that a public health

emergency exists.

Sec. 65. NRS 571.170 is hereby amended to read as follows:

571.170 1. If [livestock] an animal is found diseased, the

State Quarantine Officer may make regulations for [their] its

quarantine at once, and he may define the place and limits within

which [such livestock] the animal may be grazed, herded or driven.

Such [livestock] an animal may be held in quarantine until released

by the State Quarantine Officer.

2. The expense of treatment, feeding and taking care of [all

livestock] animals quarantined under the provisions of NRS

571.120 to 571.250, inclusive, [shall] must be paid by the owner or

agent in charge of [such livestock,] the animals, and such expense

[shall be] is a lien upon [such livestock] the animals until paid.

3. The expense of testing [livestock] an animal and the

expense of handling [livestock] an animal for the purpose of

testing [shall] must be paid by the owner or agent in charge of

[such livestock,] the animal, at the option of the State Quarantine

Officer, and such expense [shall be] is a lien upon [such livestock]

the animal until paid.

Sec. 66. NRS 571.180 is hereby amended to read as follows:

571.180 [In no case shall any quarantined livestock, livestock

products or livestock suspected of being infected with or of being

or] Quarantined animals, and any animals or animal products

which have been , or are suspected to have been, infected with or

exposed toinfectious, contagious or parasitic diseases , must not be

removed from one point to another within any area, or from one

area to another, without a written permit from the State Quarantine

Officer.

Sec. 67. NRS 571.190 is hereby amended to read as follows:

571.190 1. The State Quarantine Officer may order and have

destroyed any [livestock] animal infected with or exposed to any

infectious, contagious or parasitic disease.

2. The Department shall compensate the owners of any

[livestock] animal so destroyed separately or jointly with any

county or municipality of the State or any agency of the Federal

Government, the amount of the compensation to be determined by

appraisal before the affected [livestock] animal is destroyed.

3. The appraisal must be made by the State Quarantine Officer

or a qualified agent designated by him and the owners or their

authorized representative. In the event of their failure to reach an

agreement, the two so selected shall designate a disinterested

person, who by reason of experience in such matters is a qualified

judge of [livestock values,] values of animals, to act with them.

The judgment of any two such appraisers is binding and final upon

all persons.

4. The total amount received by the owners of [livestock] any

animal so destroyed, including compensation paid by the

Department, any county or municipality or any agency of the

Federal Government or any [livestock insurance company,]

company that insures animals, and the salvage received from the

sale of hides or carcasses or any other source, combined, must not

exceed [75 percent of] the actual appraised value of the destroyed

[livestock.] animal.

5. Any natural person or corporation purchasing any

[livestock] animal which was at the time of purchase under

quarantine by any state, county or municipal authorities or any

agency of the Federal Government authorized to lay such

quarantine, or who purchases any [livestock] animal which due

diligence and caution would have shown to be diseased or which

[have been] was shipped or transported in violation of the rules and

regulations of any agency of the Federal Government or the State of

Nevada, is not entitled to receive compensation, and the

Department may order the destruction of the [livestock] animal

without making any compensation to the owner.

6. No payment may be made hereunder as compensation for or

on account of any such [livestock] animal destroyed if, at the time

of inspection or test of the [livestock] animal or at the time of the

ordered destruction thereof, the [livestock] animal belongs to or is

upon the premises of any person, firm or corporation to which the

[livestock] animal has been sold, shipped or delivered for

slaughter.

7. In no case may any payment by the Department pursuant to

the provisions of this section [be more than $75 for any grade

livestock or more than $200 for any purebred livestock, and no

payment may] be made unless the owner has complied with all

quarantine rules and regulations of the Department.

Sec. 68. NRS 571.200 is hereby amended to read as follows:

571.200 1. The owner or agent in charge of any [livestock]

animal that has died or has been killed as a result of any infectious,

contagious or parasitic disease shall immediately bury the

[carcasses] carcass thereof at least 3 feet underground or cause the

[carcasses] carcass to be consumed by fire, and [such carcasses

shall] the carcass must not be sold or given away.

2. In order to carry out the requirements of subsection 1, [such

carcasses] the carcass may be conveyed on a public highway or

public road, or conveyed on land not owned by the owner or agent ,

[in charge of such carcasses,] in accordance with rules and

regulations promulgated by the State Quarantine Officer.

3. The expense of burying, burning or conveying [such

carcasses shall] the carcass must be paid by the owner or agent , [in

charge of such carcasses,] and such expense [shall be] is a lien upon

remaining [livestock] animals or other real or personal property of

[such] the owner or agent [in charge] until paid.

Sec. 69. NRS 571.210 is hereby amended to read as follows:

571.210 1. [Livestock] Animals not under special quarantine

by the State of Nevada, the Federal Government, or the state,

territory or district of origin may enter the State of Nevada in

compliance with regulations adopted by the State Quarantine

Officer.

2. Notice that [livestock] an animal is in transit is not required

unless the [livestock] animal remains in the State, or is to be

unloaded to feed and rest for longer than 48 hours.

3. A person, his agents or employees shall not bring [livestock]

any animal into this state unless he has obtained a health certificate

showing that the [livestock] animal is free from contagious,

infectious or parasitic diseases or exposure thereto. This

requirement does not apply to animals whose accustomed range is

on both sides of the Nevada state line and which are being moved

from one portion to another of the accustomed range merely for

pasturing and grazing thereon. The State Quarantine Officer shall

adopt regulations concerning the form of the certificate.

4. A person shall not:

(a) Alter a health certificate; or

(b) Divert [livestock] any animal from the destination described

on the health certificate without notifying the State Quarantine

Officer within 72 hours after the diversion of the [livestock.]

animal.

5. Any [livestock] animal brought into this state without

complying with this section may be seized, destroyed or sent out of

this state by the State Quarantine Officer within 48 hours. The

expense of seizing, destroying or removing the [livestock] animal

must be paid by the owner or his agent in charge of the [livestock]

animal and the expense is a lien on the [livestock,] animal, unless

it was destroyed, until paid.

Sec. 70. NRS 571.220 is hereby amended to read as follows:

571.220 1. The State Quarantine Officer shall quarantine any

corrals, pens, slaughterhouses, buildings, places, cars, trucks or

vehicles where [livestock] any animal may have been handled, and

compel the cleaning and disinfecting of [the same] such places or

vehicles when deemed necessary for the purposes of this chapter.

2. Where owners or persons in charge of such places or

vehicles refuse to clean and disinfect them, an inspector may take

charge of such places or vehicles and cause them to be cleaned and

disinfected. The expense of such cleaning and disinfecting [shall]

must be paid by the owners or persons in charge, and [shall be] is a

lien upon such corrals, pens, slaughterhouses, buildings, places,

cars, trucks or vehicles until [such] the expense is paid.

Sec. 71. NRS 571.230 is hereby amended to read as follows:

571.230 Inspectors may at all times enter any premises, farms,

fields, corrals, pens, slaughterhouses, buildings, places, cars, trucks

or vehicles where any [livestock] animal is quartered for the

purpose of examining such places, vehicles or [livestock in order]

animals to determine whether they are affected with any infectious,

contagious or parasitic disease.

Sec. 72. NRS 571.240 is hereby amended to read as follows:

571.240 1. Inspectors may inspect any [or all livestock]

animal about to be shipped, driven, transported or otherwise

removed from the State.

2. Consignors, possessors or persons in charge of such

[livestock] an animal shall, upon demand, fully establish title to

[such livestock] the animal or the legal right to so ship, transport,

drive or otherwise remove the [livestock] animal from the State.

Sec. 73. NRS 575.080 is hereby amended to read as follows:

575.080 As used in NRS 575.080 to 575.230, inclusive, unless

the context otherwise requires:

1. “Board” means the State Board of [Sheep Commissioners.]

Agriculture.

2. “Department” means the State Department of Agriculture.

3. “Livestock” means the animals subject to the taxes levied

pursuant to NRS 571.035 . [and 575.070.]

4. “Sheep” means the animals subject to the taxes levied

pursuant to NRS 562.170 and 567.110.

5. “Tax” means any of the taxes levied pursuant to NRS

562.170, 567.110[, 571.035 and 575.070.] and 571.035.

Sec. 74. NRS 575.090 is hereby amended to read as follows:

575.090 1. There is hereby created in each county a

committee for assessing livestock composed of:

(a) Two persons who own livestock in the county and who are

appointed by the [State Board of Agriculture;] Board;

(b) One person who owns sheep in the county and who is

appointed by the Board or, if there is no owner of sheep in the

county, another person who owns livestock in the county who is

appointed by the [State Board of Agriculture;] Board;

Department; and

(d) In [a] :

(1) A county where the Department elects to administer the

special tax, another person who owns livestock, appointed by the

[State Board of Agriculture, otherwise] Board; or

(2) Any other county, the county assessor or a person

designated by him.

2. Except as otherwise provided in this subsection, the term of

each member is 2 years, and any vacancy must be filled by

appointment for the unexpired term. The term of the county

assessor expires upon the expiration of the term of his office. A

person designated by the county assessor serves at the pleasure of

the county assessor. The brand inspector serves at the pleasure of

the Director of the Department.

3. While engaged in official business of the committee for

assessing livestock, each member of the committee is entitled to:

(a) A salary not exceeding $60 per day for attending meetings or

performing other official business, to be paid from any money

available to the Department.

(b) The per diem allowance and travel expenses fixed for state

officers and employees.

Sec. 75. NRS 575.170 is hereby amended to read as follows:

575.170 1. An owner of sheep or livestock who wishes to

challenge the accuracy of the report as changed by the committee

for assessing livestock may, within 15 days after receiving notice of

the change, file a statement with the committee for assessing

livestock for his county specifying the alleged inaccuracy.

2. Upon receipt of the statement under subsection 1, the

committee for assessing livestock shall review the allegations and

may make any changes it considers necessary to make the report

accurate and complete. An owner of sheep or livestock, the Board,

or the Director of the Department may appeal from any decision of

the committee for assessing livestock to and in the manner

prescribed by the [State Board of Agriculture.] Board.

Sec. 76. NRS 575.170 is hereby amended to read as follows:

575.170 1. An owner of sheep or livestock who wishes to

challenge the accuracy of the report as changed by the Department

may, within 15 days after receiving notice of the change, file a

statement with the Department for assessing livestock for his

county specifying the alleged inaccuracy.

2. Upon receipt of the statement under subsection 1, the

Department shall review the allegations and may make any changes

it considers necessary to make the report accurate and complete. An

owner of sheep or livestock or the Board may appeal from any

decision of the Department to and in the manner prescribed by the

[State Board of Agriculture.] Board.

Sec. 77. NRS 575.180 is hereby amended to read as follows:

575.180 1. When the report of owners of livestock and sheep

is approved by the committee for assessing livestock as complete

and accurate, the approval must be noted on the report. The report

must be returned to the county assessor, or the Department if it is

administering the special tax, and a copy sent to the Board[,] and

the Department unless it is administering the special tax . [, and the

Nevada Beef Council.]

2. If, as the result of a challenge of the accuracy of the report,

any change is ordered in the report of owners of livestock and sheep

after it has been approved by the committee for assessing livestock,

each recipient of the report or copy must be notified of the change.

Sec. 78. NRS 575.180 is hereby amended to read as follows:

575.180 1. When the report of owners of livestock and sheep

is approved by the Department as complete and accurate, the

approval must be noted on the report. A copy of the approved

report must be sent to the Board . [and the Nevada Beef Council.]

2. If, as the result of a challenge of the accuracy of the report,

any change is ordered in the report of owners of livestock and sheep

after it has been approved by the Department, each recipient of a

copy of the report must be notified of the change.

Sec. 79. NRS 575.190 is hereby amended to read as follows:

575.190 Using the tax levies from the Board[,] and from the

Department , [and the Nevada Beef Council,] the county assessor,

auditor or treasurer, or the Department if it is administering the

special tax, shall calculate the total taxes due from each owner of

livestock or sheep based on the report of owners of livestock or

sheep approved by the committee for assessing livestock.

Sec. 80. NRS 575.190 is hereby amended to read as follows:

575.190 Using the tax levies from the Board[,] and from the

Department , [and the Nevada Beef Council,] the Department shall

calculate the total taxes due from each owner of livestock or sheep

based on the report of owners of livestock or sheep approved by the

Department.

Sec. 81. NRS 575.210 is hereby amended to read as follows:

575.210 Whenever any taxes, or penalties or interest for

delinquencies pursuant to NRS 562.175 or 575.130 are paid to the

county treasurer, he shall record the payment and the date thereof

with the name of the person liable therefor, and the amount of

taxes, penalties and interest collected pursuant to NRS 562.170,

562.175, 567.110, 571.035[, 575.070] and 575.130, and transmit

the revenue thereof to the State Controller for deposit into the

appropriate account or fund in the State Treasury.

Sec. 82. NRS 575.210 is hereby amended to read as follows:

575.210 Whenever any taxes, or penalties or interest for

delinquencies pursuant to NRS 562.175, 575.130 or 575.205 are

paid to the Department, the Department shall record the payment

and the date thereof with the name of the person liable therefor, and

the amount of taxes, penalties and interest collected pursuant to

NRS 562.170, 562.175, 567.110, 571.035, [575.070,] 575.130 and

575.205, and transmit the revenue thereof to the State Controller for

deposit into the appropriate account or fund in the State Treasury.

Sec. 83. NRS 575.220 is hereby amended to read as follows:

575.220 Any taxes delinquent must be reported by the county

assessor or county treasurer to the:

1. Department, if the taxes were levied pursuant to NRS

571.035 ; [and 575.070;] or

2. Board, if the taxes were levied pursuant to NRS 562.170 and

567.110.

Sec. 84. NRS 575.230 is hereby amended to read as follows:

575.230 A brand inspection clearance certificate described in

NRS 562.460 or 565.120 [or a certificate or bill of health described

in NRS 562.460 may] must not be issued for the movement of any

sheep or livestock owned by a person delinquent in the payment of

a tax. The Department may collect any delinquent tax and the

penalty and interest thereon at the time of a brand or health

inspection. The appropriate county authority must be notified if the

tax is so collected.

Sec. 85. NRS 233B.039 is hereby amended to read as follows:

233B.039 1. The following agencies are entirely exempted

from the requirements of this chapter:

(a) The Governor.

(b) The Department of Corrections.

(d) The Office of the Military.

(e) The State Gaming Control Board.

(f) The Nevada Gaming Commission.

(g) The Welfare Division of the Department of Human

Resources.

(h) The Division of Health Care Financing and Policy of the

Department of Human Resources.

(i) The State Board of Examiners acting pursuant to chapter 217

of NRS.

(j) Except as otherwise provided in NRS 533.365, the Office of

the State Engineer.

(k) The Division of Industrial Relations of the Department of

Business and Industry acting to enforce the provisions of

NRS 618.375.

(l) The Administrator of the Division of Industrial Relations of

the Department of Business and Industry in establishing and

adjusting the schedule of fees and charges for accident benefits

pursuant to subsection 2 of NRS 616C.260.

(m) The Board to Review Claims in adopting resolutions to

carry out its duties pursuant to NRS 590.830.

2. Except as otherwise provided in subsection 5 and NRS

391.323, the Department of Education, the Board of the Public

Employees’ Benefits Program and the Commission on Professional

Standards in Education are subject to the provisions of this chapter

for the purpose of adopting regulations but not with respect to any

contested case.

3. The special provisions of:

(a) Chapter 612 of NRS for the distribution of regulations by

and the judicial review of decisions of the Employment Security

Division of the Department of Employment, Training and

Rehabilitation;

(b) Chapters 616A to 617, inclusive, of NRS for the

determination of contested claims;

the Public Utilities Commission of Nevada;

(d) Chapter 91 of NRS for the judicial review of decisions of the

Administrator of the Securities Division of the Office of the

Secretary of State; and

(e) NRS 90.800 for the use of summary orders in contested

cases,

prevail over the general provisions of this chapter.

4. The provisions of NRS 233B.122, 233B.124, 233B.125 and

233B.126 do not apply to the Department of Human Resources in

the adjudication of contested cases involving the issuance of letters

of approval for health facilities and agencies.

5. The provisions of this chapter do not apply to:

(a) Any order for immediate action, including, but not limited

to, quarantine and the treatment or cleansing of infected or infested

animals, objects or premises, made under the authority of the State

Board of Agriculture, the State Board of Health[, the State Board

of Sheep Commissioners] or any other agency of this state in the

discharge of a responsibility for the preservation of human or animal

health or for insect or pest control;

(b) An extraordinary regulation of the State Board of Pharmacy

adopted pursuant to NRS 453.2184; or

pursuant to NRS 392.644 or 394.1694.

6. The State Board of Parole Commissioners is subject to the

provisions of this chapter for the purpose of adopting regulations

but not with respect to any contested case.

Sec. 86. NRS 289.290 is hereby amended to read as follows:

289.290 1. A person designated by the Director of the State

Department of Agriculture as a field agent or an inspector pursuant

to subsection 2 of NRS 561.225 has the powers of a peace officer to

make investigations and arrests and to execute warrants of search

and seizure, and may temporarily stop a vehicle in the enforcement

of the provisions of titles 49 and 50 of NRS and chapters 581, 582,

583, 586, 587, 588 and 590 of NRS.

2. [An inspector of the State Board of Sheep Commissioners

and his deputies have the powers of a peace officer.

3.] An officer appointed by the Nevada Junior Livestock Show

Board pursuant to NRS 563.120 has the powers of a peace officer

for the preservation of order and peace on the grounds and in the

buildings and the approaches thereto of the livestock shows and

exhibitions that the Board conducts.

[4.] 3. In carrying out the provisions of chapter 565 of NRS, an

inspector of the State Department of Agriculture has the powers of

a peace officer to make investigations and arrests and to execute

warrants of search and seizure. The provisions of this subsection do

not authorize any inspector to retire under the Public Employees’

Retirement System before having attained the minimum service age

of 60 years.

Sec. 87. NRS 484.1345 is hereby amended to read as follows:

484.1345 “Regulatory agency” means any of the agencies

granted police or enforcement powers under the provisions of

subsection 2 of NRS 289.250, NRS 289.260, subsection 3 of NRS

289.270, NRS 289.280, subsection [4] 3 of NRS 289.290 or NRS

289.320, 289.340, 407.065, 472.040, 481.048, 501.349, 565.155 or

706.8821.

Sec. 88. Section 61 of chapter 331, Statutes of Nevada 2001,

at page 1570, is hereby amended to read as follows:

Sec. 61. 1. This section and sections 1 to 10,

inclusive, 11, 12, 14 to 25, inclusive, 27 to 44, inclusive, and

59 of this act become effective on July 1, 2001.

2. Sections 13 and 26 of this act become effective at

12:01 a.m. on July 1, 2001.

3. Section 10 of this act expires by limitation on June 30,

2003.

4. Section 10.5 of this act becomes effective at 12:02

a.m. on July 1, 2003.

5. Sections 45 , 46, 47, 47.5, 49 to 58, inclusive, and 60

of this act become effective on July 1, 2004.

Sec. 89. 1. NRS 562.020, 562.060, 562.070, 562.090,

562.100, 562.110, 562.120, 562.280, 562.290, 562.320, 562.330,

562.340, 562.350, 562.360, 562.370, 562.380, 562.390, 562.400,

562.410, 562.420, 562.430, 562.450, 562.510, 563.151, 563.161,

563.171, 563.181, 563.191, 563.201, 563.211, 563.221, 565.075

and 575.070 are hereby repealed.

2. Section 48 of chapter 331, Statutes of Nevada 2001, at page

1567, is hereby repealed.

Sec. 90. 1. Any contracts or other agreements entered into

by the State Board of Sheep Commissioners are binding upon:

(a) The State Board of Agriculture; or

(b) If the contract or agreement directly relates to diseases of

sheep, the State Quarantine Officer.

2. Such contracts and other agreements may be enforced by the

State Board of Agriculture or State Quarantine Officer, as

appropriate.

Sec. 91. The State Controller shall transfer any money in the

Account for the Promotion of Beef created in the State General

Fund as of July 1, 2003, that is attributable to the assessment

required by 7 U.S.C. §§ 2901 to 2911, inclusive, to:

1. The entity that is certified pursuant to 7 U.S.C. §§ 2901 to

2911, inclusive, as the qualified beef council for the State of

Nevada; or

2. If no entity is certified as of July 1, 2003, as the qualified

beef council for the State of Nevada, the Cattlemen’s Beef

Promotion and Research Board established pursuant to 7 U.S.C. §

2904.

Sec. 92. 1. This section and sections 1 to 20, inclusive, 22 to

75, inclusive, 77, 79, 81 and 83 to 91, inclusive, of this act become

effective on July 1, 2003.

2. Sections 20, 74, 75, 77, 79, 81 and 83 of this act expire by

limitation on June 30, 2004.

3. Sections 21, 76, 78, 80 and 82 of this act become effective

on July 1, 2004.

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